North Port seeks balance in ATV rules

Terry O'Connor

Off-road riding, a favorite but controversial pastime in North Port, would become less restricted under a proposed ordinance the city is considering.

Fines would be reduced. Jail time would be eliminated as a possible penalty. Riders would no longer need to secure written permission from landowners.

But riding boundaries would be more firmly established in the 104-square-mile city with less than 15 percent developed land, according to Commission Chair Vanessa Carusone.

"The ordinance as it was written did not protect the people who live here and desire peace and tranquility around their homes," Carusone said. "It did not prevent people from riding adjacent to occupied dwellings."

A public hearing on the proposed new ATV ordinance has been scheduled for 11 a.m. today at North Port City Hall.

The new law would ban off-road vehicles from undeveloped or vacant land within a quarter-mile of any residence. The buffer was established in response to resident requests to muffle the noise from dirt bikes and other off-road vehicles.

North Port's wide open spaces have made it a magnet for off-road riders over the past 35 years, said Carusone at a July 14 workshop on the ordinance. An avid ATVer herself, Carusone said she understands homeowner rights to peace and quiet.

"You don't want 'em running by homes," Carusone said.

Commissioner David Garofalo said ATV riders have little respect for private property. In July, he chased trespassers but failed to catch them.

"I followed them in my car as psychotic as someone could be," Garofalo said. "I was upset that they came across my lawn."

Riders will be held more accountable by the new ordinance for any injuries they cause.

"If they go out and ride, they do so at their own risk," said City Attorney Rob Robinson. "The purpose of this ordinance is to shift the risk away from the city to the riders."

Robinson said the new law is also designed to protect public property and reduce soil erosion and other environmental damage caused by vehicles leaving the pavement for recreation.

Fines for violating the new law range from a warning for the first offense, $100 for a second ticket, $250 for a third and a $500 fine for a fourth infraction. Previously, derelict riders could be fined up to $1,000 and jailed up to 90 days if found guilty.

The new law would be enforced and fines collected by the North Port Police Department rather than the county.

Any vehicle weighing 900 pounds or more, except for tractors and mopeds, would be covered by the new law, which would become effective after a second reading.

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Source: http://www.heraldtribune.com/article/20090914/ARTICLE/909141041/2055/NEWS?Title=North-Port-seeks-balance-in-ATV-rules

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